Legal Opinion

Maccubbin v. Cromwell's Ex'rs

Court of Appeals of Maryland

Decided December 15, 1835PublishedCited by 10 opinions

Appeal from Chancery. The present bill was filed by the appellants against John Cromwell, the appellees testator in his life time, and Philip Laurenson, a A full statement of the pleadings of the case, is extracted from the opinion of this court as follows:— The appellants allege, that Zachariah Maccubbin, late of Baltimore county, deceased, the ancestor of the appellants, being seized in fee simple of a large and valuable real estate situate in Baltimore county, and…

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Appeal from Chancery. The present bill was filed by the appellants against John Cromwell, the appellees testator in his life time, and Philip Laurenson, a A full statement of the pleadings of the case, is extracted from the opinion of this court as follows:— The appellants allege, that Zachariah Maccubbin, late of Baltimore county, deceased, the ancestor of the appellants, being seized in fee simple of a large and valuable real estate situate in Baltimore county, and possessed of a large and valuable personal estate, on the 15th of November 1809, made and executed a deed of bargain and sale,…

1Opinion of the CourtStephen, Judge

This is an appeal from so much of the decree of the court of Chancery passed in a cause, wherein the appellants were complainants, and the appellees were defendants, as dismissed the complainants bill against Urath Cromwell executrix of John Cromwell, deceased.

The Chancellor dismissed the complainants bill as against the defendant TJrath Cromwell, who, on the death of John Cromwell, was appointed his executrix, and made a party to the suit, with costs; on the ground, that there was no sufficient evidence to prove that John Cromwell ever assented to the deed, or undertook to act as trustee, as…

2Cited by10 opinions

  1. Carson v. PhelpsCourt of Appeals of Maryland · 1874
  2. Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
  3. Sieling v. SielingCourt of Appeals of Maryland · 1926
  4. Beachey v. HeipleCourt of Appeals of Maryland · 1917
  5. Caldwell v. GrahamCourt of Appeals of Maryland · 1911

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